The great common law and civilian law divide is a myth
Essay - 5 pages - Civil law
Common law and civil law are generally considered the two major legal traditions that developed in Western societies. Common law is based on judge-made law through precedents set in past court decisions. Civil law originated in Roman law and is codified in comprehensive legal codes....
The case of free movement of goods
Law case - 3 pages - European law
On December 22nd, the Yellow Vests, a movement of demonstrators, organised several roadblocks on all French borders, including the border between France and Italy, the Mont Blanc tunnel. You would like to take legal actions against France for having failed to lift the roadblock to allow the...
Memorandum - Free Movements of Goods
Law case - 5 pages - European law
"Dear Sir, As discussed, we revert back to you with respect to your request for legal opinion regarding the following matters: - whether a Member State can be said to have infringed EU law, in a case where it merely abstained from adopting measures necessary to remove obstacles to the free...
The Repercussions of the Law and its Impact on Individuals - Hart-Celler Immigration and Nationality Act of 1965
Tutorials/exercises - 1 pages - International law
When it was created, the bill was meant to eliminate race discrimination in immigration and allow people from all countries to come to the United States, not just white immigrants. The fact is that decades after this bill, we can see the clear impact it had on US immigration: in 1960, 84 percent...
Why do European courts refuse to enforce U.S. punitive damages?
Essay - 6 pages - International law
In terms of civil liability in Continental Europe, the principle is to compensate only for the damage. Civil liability is not punitive. The purpose is only to put the victim back in the situation she knew before the operative event. If the behavior deserves a sanction, it is a matter of criminal...
R v. Albert William Grannon (2019) and R v. Claire Colebourn (2019) - Comparative study
Law case - 2 pages - Criminal law
Both R v Albert William Grannon and R v Claire Colebourne (2019) concern homicides involving children, and in both cases, it is a family member who has been found guilty for the deaths. You have to compare and contrast the sentencing remarks handed down in each case.
Deniers and Disbelievers: ?If I Get Corona, I Get Corona.? - John Branch (2020) - Coronavirus in the US
Text commentary - 1 pages - Civil law
The Article 3 of the Universal Declaration of Human Rights "Everyone has the right to life, liberty and security of person" embeds itself a paradox, highlighted by the current situation in the United States. As Covid-19 spreads through the country, some people prefer to deny its risks and choose...
Supreme Court roleplay
Tutorials/exercises - 3 pages - Other law subjects
This document is a role play between students, based on the decision Soto vs Bushmaster. The goal is to elaborate a detailed argument.
Legal English
Course material - 13 pages - Other law subjects
This document contains a Legal English course. Many legal aspects are seen using the right English vocabulary. The English legal system is taken into consideration.
Business Law: Transnational commercial contracts
Course material - 15 pages - Business law
Parties can choose the law applicable to the contract and other should respect that choice. Recognized for the first time in France with the decision "American trading" in 1910. Today this principle is recognized by a lot of conventions and is a general principle.
Constitution - Comparative study between American and French constitution
Course material - 2 pages - Constitutional law
This document is a comparative study in the form of questions/answers about french and US constitutions.
Femicide and Human Rights: Understanding and Classifying Gender-Based Violence under E.U. Law
Thesis - 20 pages - Public liberties
In 2008, the United Nations Secretary-General Ban Ki-moon, during the launch of a campaign intending to end violence targeting women, said that the only global truth is that "violence against women is never acceptable, never excusable, never tolerable". The statement was a revelation that society...
Court of Common Pleas, 29 January 1855, Canham v/ Barry - Can an agreement made in writing be altered by an oral term or condition?
Law case - 2 pages - Obligation law
The plaintiff (Canham) and the defendant (Barry) signed on the 13th of June 1854 an agreement or an instrument in writing. In that agreement, the defendant (as a lessee) agreed to sell to the plaintiff all his unexpired term and leasehold interest in the farm, at West Thurrock, in the county of...
Investment law - The reinforcement of the control of foreign investments by the European Union
Essay - 4 pages - European law
How do the European Union's reinforced measures for controlling foreign investments, including the EU FDI (Foreign direct investment) Screening Regulation, national investment screening mechanisms, and increased scrutiny on state-owned enterprises, impact the attractiveness of the EU market...
How did the Duty of Care Concept in Negligence Evolve?
Essay - 3 pages - Civil law
Negligence is a behavior that violates a duty of care, which is a legal obligation to take reasonable care to avoid causing harm to others. In the context of tort law, negligence is a fault that may be engaged when the responsible individual or entity fails to take reasonable precautions to avoid...
How Does the Constitutional Council Carry Out the Constitutional Review Under the Fifth Republic?
Essay - 5 pages - Constitutional law
The Constitutional Council is defined by the articles of Title VII of the 1958 Constitution. Its arrival in seventh position in the order is indicative of the lack of importance that the constitution grants it. The introduction of a jurisdiction in charge of priority preliminary rulings was...
City of Ladue v. Gilleo, 512 U.S. 43 (1994) - Is the ordinance of petitioner City of Ladue prohibiting all residents' display of signs (with some exceptions) considered unconstitutional regarding the Constitution's 1st amendment?
Law case - 2 pages - Other law subjects
The document is a case brief for the case of judicial review by the US Supreme Court "City of Ladue v. Gilleo, 512 U.S. 43 (1994)." "Gilleo, a resident of Ladue, had her political signs taken down by authorities. When she asked the police, they informed her that the City of Ladue had an...
Health systems
Course material - 3 pages - Social security law
Security is a package of four government insurance programs which provide Americans with minimum coverage. They include retirement pensions (to which all Americans over 65 are entitled), benefits for disabled, unemployment insurance and Medicare, a program which covers the medical expenses of...
How does Anti-Discrimination Law Applies to Women, Especially When it Comes to Marital Rape ?
Essay - 3 pages - Public liberties
According to the Sexual Offences Act of 2003, marital rape can be defined as a sexual act that was committed by a person without the consent of his/her spouse or ex-spouse. Marital assault can legally fall under the category of domestic violence. According to the domestic Act Abuse of 2021,...
The definition and scope of eviction
Essay - 2 pages - Civil law
In light of recent court cases, eviction is one of the most important components of civil law. It protects the rights of both the landlord and the tenant while supporting general health and safety interests. Through these writings, therefore, we will explore the definition and scope of eviction,...
Fragmentation and inconsistency in international investment law
Essay - 5 pages - International law
It is a fallacy to think of international investment law as a general, coherent regime. The rules of law are splintered and fragmented, both in terms of their formal source and in terms of their application of particular disputes. What is more, there are no mechanisms in international investment...
Legal Proceedings in Common Law Jurisdictions and Civil Law Jurisdictions
Dissertation - 4 pages - Civil law
Common law and civil law jurisdictions are often regarded as antagonist interpretation of the rule of law in modern societies. Indeed, both constitute the dominant views of law in general, as they are "often made the basis of comparative law studies". The bipolarisation of the legal systems can...
What's negligence in tort law ?
Essay - 1 pages - Criminal law
Tort law is an integral part of any legal system, and negligence is a key concept within it. Negligence is a form of tort law that holds individuals or organizations accountable for any harm caused to another person due to their careless or reckless behavior. Negligence can be a complex legal...
What is the highest judicial authority in France and how important is it?
Essay - 2 pages - Civil law
The court of cassation is the highest court in France. It hears appeals from decisions of the lower courts, and reviews the constitutionality of laws. Moreover, in application of the (article L4111-1 of the Code de l'organisation judiciaire), there is, for the whole Republic, only one Cour de...
'Make Jim Crow blush': Black leaders bash draft New York congressional map - Scott Wong and Sahil Kapur (2022) - The American Constitution
Text commentary - 3 pages - Constitutional law
Today I am going to be presenting on a recent article published by NBC News titled "Make Jim Crow blush: Black leaders bash draft New York congressional map." The article discusses a draft map of New York's congressional districts that has sparked controversy among Black leaders, who are...
Gender inequality and work/life balance
Summary - 1 pages - Labor law
Individuals spend most of their time in the workplace; therefore an appropriate legal framework should be put in place to protect their rights but also quality of life, regardless of their sex. In this report, women's rights in the workplace will be tackled first, then the balance between...
The Jurisdictional Requirement of the Existence of a Legal Dispute
Essay - 2 pages - International law
In its 1974 judgment, the International Court of Justice (ICJ) resolved solely to admit a case before its framework on the very basis of the genuine existence of a dispute. This provision is not unique to the ICJ: the article 25(1) of the International Centre for Settlement of Investment Disputes...
Non-Appearance by a State Compatible with the Adversarial Principle: an Adversarial Procedure Reinstated by the Court
Essay - 5 pages - International law
Since the occupation of Crimea in February 2014, the Russian Federation has been violating the prohibition on the use of force under international law in Article 2(4) of the UN Charter with respect to Ukraine. Moreover, it was already an armed attack within the meaning of Article 51 of the...
India: Kesavananda Bharati vs State of Kerala
Essay - 5 pages - Constitutional law
Perhaps the most recognized constitutional decision within the Supreme Court of India reflects on the case of Kesavananda Bharati against the State of Kerala. While the Supreme Court ruled that there was no implied limitation on Parliament's powers on amendments to the Constitution, the...
History of the Common Law System on the English Legal System
Essay - 11 pages - International law
As a direct result of the colonization by the British, many of its states naturally acquired this common law system, being the English law in globo, maintaining its primary principles, procedures, actors and modes of proof. As a consequence of this adoption and utilization of English law, and the...
